Disciplinary Hearings (Inmates)

Refusing to Provide Relevant Information to an Inmate Required Annulment of the Determination.

In a prison disciplinary proceeding, the hearing officer’s refusal to provide the inmate with the instructions for the operation of the machine which was used to test his urine for the presence of drugs required annulment of the determination the prisoner had used a controlled substance. Matter of Marshall vs Fischer, 2012-01538, Index No. 6260/11 Second Dept. 2-13-13

February 13, 2013

Disciplinary Hearings (Inmates)

Right to Call and Question Witnesses.

In an inmate’s disciplinary hearing, the hearing officer’s refusal to allow an inmate to call witnesses, without providing the inmate with a written statement explaining the reasons for the refusal, together with the hearing officer’s refusal to allow the inmate to question witnesses, required a new hearing before a new hearing officer. In the Matter of Benito v Calero, 2011-06219, Index No. 10-00715 Second Dept. 1-16-13

January 16, 2013

Refusing to Provide Relevant Information to an Inmate Required Annulment of the Determination.

Right to Call and Question Witnesses.

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